Police v Seumanutafa [2020] WSSC 52 (9 July 2020)

SUPREME COURT OF SAMOA
Police v Seumanutafa [2020] WSSC 52

Case name:	Police v Seumanutafa
Citation:	[2020] WSSC 52
Decision date:	09 July 2020
Parties:	POLICE v JIREH SEUMANUTAFA male of Palisi and Falealupo Savaii
Hearing date(s):	-
File number(s):	Charging document dated 29 May 2020
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:
Representation:	Q Sauaga for prosecution Defendant unrepresented
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

JIREH SEUMANUTAFA male of Palisi and Falealupo Savaii.
Defendant

Counsel:
Q Sauaga for prosecution
Defendant unrepresented

Sentence: 09 July 2020

S E N T E N C E

1. After a defended hearing the defendant was found guilty of a home invasion offending. The facts establish that he entered the complainants house and bedroom in the early morning hours while she was asleep on 14 August 2019 at Palisi. He stole her purse which contained over $4,000.00 being the daily takings from her shop as well he took her cellphone. He used the money to entertain himself and his friends and gave the cellphone to his girlfriend who testified at his trial.
2. None of these properties were ever recovered by the complainant who in her Victim Impact Report says she is fearful of the defendant who is also a resident of Palisi where she has her shop and home. According to her she was subsequently assaulted by the defendant who burgled her house while out on bail. Those matters however are separate to the present proceeding and the defendant has pleaded not guilty to those matters.
3. This is not the defendants first court appearance he has a previous conviction for aggravated robbery for which he was sent to prison last year. The fact that he was imprisoned indicates that it was serious offending. So the defendant is a repeat offender and he seems to be launching a criminal career from Palisi although he is originally from Falealupo Savaii. His relatives who testified at the trial against him do not seem to have much time for him, maybe he should have stayed at Falealupo and earned an honest living.
4. The maximum penalty for burglary is ten (10) years in prison and for the theft he has committed is seven (7) years. These are serious penalties because burglary and theft next to drug offending is the most prevalent offending in our community. Because of the rising number of burglary and thefts the court routinely imprisons burglars especially those foolish enough to do it more than once.
5. A message to you Jireh and to other young men in the urban Apia area is if you do this kind of break-in you are likely to go to prison. If you do it more than once I can guarantee you will go to prison. And if you keep you on doing it I can guarantee you will go back and forth from prison.
6. I heard you in mitigation Jireh you are not a stupid young man but what you are doing has no future. It is not too late for you to change you are still a young man. Your future is in your own hands. You can use it to do good in your community or you can use it to wear handcuffs it is up to you.
7. For this burglary and theft you must serve a prison term but after that you need to make a choice about your future. Considering all the circumstances on the charge of burglary I start sentence at three (3) years in prison. There will be no uplift for your previous conviction because I note that the present offending pre-dates your previous conviction of December 2019.
8. In looking for mitigating factors in your favour I have not been able to find any because you are not a first offender and you did not plead guilty you elected to defend the charges even though there was plenty of evidence against you. There is no evidence of any customary apology or reconciliation with the complainant. Since you live in Palisi there is no village fine by a village council. The only mitigating factor I have been able to find is your age. As I have stated you are still a young man and the Police summary of facts confirms that.
9. O lena e te talavou a’o le tulaga lea e agai iai lou olaga ma lou soifuaga e le o se tulaga lelei. O lea o le a amata i le falepuipui soo i ituaiga solitulafono fa’apenei aua e maua a. E te fiu a e fai mea nei ma lou manatu e le maua oe, e maua lava oe. E te fiu a la e fealoalofai ma fai mea valea fa’apea o le iuga lava lea o lou tula’i i totonu o le pa, saisaitia ou lima saisaitia ma lou olaga. Pule la oe pe a fa’apea o le lumana’i lena e te mana’o e te ola ai mo tausaga o lou olaga. O lena e lei taitai lou soifua. O le fautuaga ia oe sui lou amio ma le mafaufau, saili seisi mea e te ola ai ma se auala e fai ai ni mea lelei ae le o auala fa’api’opi’o fa’apenei. Ae ui i lea o lea o le a toese pea e le Fa'amasinoga le ono (6) masina ona o tulaga o lou talavou mai le fua amata e tolu (3) tausaga i le falepuipui, totoe ai le paleni e lua ma le afa (2½) tausaga.
10. O lea foi e maitau atu masalo e tasi le masina lea sa e nofo taofia ai e fa’atalitali ai le fa’aiuga o le mataupu lenei ina ua mae’a lou fa’asalaga lea sa fai o le ono (6) masina mai ia Tesema 2019. E tatau foi la ona toese le masina lena e tasi mai le lua ma le afa (2½) tausaga lea e totoe o lou fa’asalaga.

“Def: lau afioga i le fa’amasino e tolu (3) masina la’u nofo taofia.

HH: Ae manatua oe o lou fa’asalga sa amata ia Tesema e ono (6) masina e sa’o?

Def: Na ou magalo ia Fepuari

HH: Na e magalo ia Fepuari?

Def: Na ou alu i tua ia Fepuari.

HH: E fa’afefea na e magalo ia Fepuari e ono (6) masina lau fa’asalaga lea na fa’atonu e tuli.

Def: Leai na amata toese mai la’u taofia ia Setema.

HH: Ia fai lea o le fa’aiuga ia Tesema 2019 e ono (6) masina lau sala a?

Def: Toese loa lea o la’u nofo taofia lau afioga.

HH: is that right counsel?

PO: Your honour if I could be of assistance

HH: Yes

PO: He was convicted to six (6) months imprisonment followed by six (6) months supervision where any time spent in custody was deducted and he did appear to the Probation office on the 28:02:20

HH: So he was released in February?

PO: That is correct your honour

HH: And when was he taken back into custody?

PO: He was taken back into custody in April.”

11. O lea e fa’apea mai le tamaita’i o le Ofisa Fa'anofo Va'ava'aia o Aperila sa toe taofia ai oe, e sa’o? (Defendant: o lea lava lau afioga). E tatau ona toese mai le tolu (3) masina lena mai lou fa’asalaga lea. O lona uiga e lua ma le afa (2½) tausaga toese ai masina na e tolu (3) totoe ai le lua tausaga (2) tausaga ma masina e tolu (3) lou fa’asalaga i le mataupu lenei i le talepe fale.
12. O lou fa’asalaga mo le moliaga lea o le gaoi, fa’amaonia lou solitulafono e lua (2) tausaga e te nofo sala ai ae tuli fa’atasi fa’asalaga ia.
13. O lona uiga o le aofai o lou fa’asalaga mo le mataupu lenei e lua (2) tausaga tolu (3) masina, ua e malamalama? (Defendant: o lea lava).

JUSTICE NELSON